The town of Weare has joined five other towns in the state and members of the New Hampshire Legal Rights Foundation in a lawsuit against the state declaring the current districts of the House of Representatives unconstitutional.

The suit also asks for a judge to compel the state to redistrict prior to the filing period for the November elections. The filing period for legislative seats is currently set to start on Wednesday, June 4, and end Friday, June 13.

In 2006, a ballot question asking voters to amend the state’s constitution to allow a redistricting of the House so that each town or ward large enough to be its own district and elect its own representative passed with about 70 percent of New Hampshire voters in a 240,767- to-100,688 vote. The question needed a two-thirds majority to pass.

“Reapportionment of the current House of Representatives districts is constitutionally mandated to achieve districts that comply with Part II, Article 11 of the Constitution as it has been amended in the last general election in November 2006. That constitutional requirement per force overrides any concerns relating to convenience, familiarity or simplicity,” the court petition reads.

It goes on, “The Legislature has had ample and repeated opportunities to meet its constitutional obligation to conduct redistricting prior to the upcoming primary and general election in compliance with the 2006 amendment to the Constitution, but has failed to do so.”

The suit further argues that the explanation in the voter’s guide pertaining to that question was clear about using the 2000 census data to redistrict the House prior to the next election.

“Prompt judicial review is warranted due to the important constitutional issue presented and the proximity of the upcoming election,” reads the suit, which names Secretary of State William Gardner as the respondent.

The six towns and nine NHLRF members petitioning the court contend that conducting an election without adhering to the constitutional amendment would violate the law.

“A flawed election based on unconstitutional House districts must not be allowed to occur,” the suit states.

Weare, Wilton, Litchfield, Loudon, Enfield and Wilton, all towns who do not have their own elected state representatives but are grouped in districts that share several representatives, are listed as parties in the suit filed in Merrimack Superior Court.

District 7, which includes Goffstown and Weare, has a total of eight representatives who together represent both towns.

Two of them are from Weare: representatives Gary Hopper and Neal Kurk, both of whom are listed as petitioning parties in the suit.

Hopper spearheaded a bill in 2007 aimed at redistricting the House, which failed in a 283-72 roll call vote with opposition reluctant to use census data from 2000 and arguing instead it wait until the next census in 2010.

It’s unlikely that anything would be done before the filing period begins, Hopper said, adding he plans on filing for his District 7 seat as a representative for both Weare and Goffstown.

“Neal (Kurk) and I represent Weare, but to a great degree, we more represent Goffstown,” Hopper said, because of Goffstown’s population advantage over Weare.

Hopper said he’s in a difficult position because if he votes for something against Goffstown’s interest during a House session, he faces not being re-elected because of Goffstown’s larger population.

If he votes for something against Weare’s interests, he would not necessarily lose his seat.

“In effect, for all intents and purposes, Weare has really lost its voice in the New Hampshire House,” said Hopper, a Republican.

A Senate Bill aimed at redistricting was downed earlier this year in a consensus voice vote. As it stands, there are 106 New Hampshire towns that are not guaranteed representation within their towns, the petition says.

“It’s really not a party thing, it’s more of a small town standing up to make sure they are represented by people from their town,” Hopper said.